ACCEPTANCE
BY USING AND/OR VISITING THIS
WEBSITE (collectively, including all Content available through the DangerousSchools.com
domain name, the "DangerousSchools.com Website", or the "DangerousSchools.com
Database"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the
"Terms of Service"). If you do not agree to any of these terms,
then please do not use the DangerousSchools.com Website.
DANGEROUSSCHOOLS.COM WEBSITE
These Terms of Service
apply to all users of the DangerousSchools.com Website, including users who are
also contributors of content, information, and other materials or services on
the Website. The DangerousSchools.com Website may contain links to third party
websites that are not owned or controlled by DangerousSchools.com. DangerousSchools.com
has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition, DangerousSchools.com
will not and cannot censor or edit the content of any third-party site. By
using the Website, you expressly relieve DangerousSchools.com from any and all
liability arising from your use of any third-party website. Accordingly, we
encourage you to be aware when you leave the DangerousSchools.com Website and
to read the terms and conditions and privacy policy of each other website that you
visit.
WEBSITE ACCESS
A. DangerousSchools.com
hereby grants you permission to use the Website as set forth in this Terms of
Service, provided that: (i) your use of the Website as permitted is solely for
your personal, noncommercial use; (ii) you will not copy or distribute any part
of the Website in any medium without DangerousSchools.com's prior written
authorization; (iii) you will not alter or modify any part of the Website other
than as may be reasonably necessary to use the Website for its intended purpose;
and (iv) you will otherwise comply with the terms and conditions of these Terms
of Service.
B. You agree not to use
or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc.,
that accesses the Website in a manner that sends more request messages to the DangerousSchools.com
servers in a given period of time than a human can reasonably produce in the
same period by using a convention on-line web browser. Notwithstanding the
foregoing, DangerousSchools.com grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials, but not
caches or archives of such materials. DangerousSchools.com reserves the right
to revoke these exceptions either generally or in specific cases.
INTELLECTUAL PROPERTY RIGHTS
The content on the DangerousSchools.com
Website, except all User Submissions (as defined below), including without
limitation, the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed to DangerousSchools.com, subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Content on the Website is provided to you AS IS for
your information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent
of the respective owners. DangerousSchools.com reserves all rights not
expressly granted in and to the Website and the Content. You agree to not
engage in the use, copying, or distribution of any of the Content other than
expressly permitted herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for personal use, you
must retain all copyright and other proprietary notices contained therein. You
agree not to circumvent, disable or otherwise interfere with security related
features of the DangerousSchools.com Website or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the DangerousSchools.com
Website or the Content therein.
USER SUBMISSIONS
A. The DangerousSchools.com
Website may now or in the future permit the submission of content or other
communications submitted by you and other users ("User Submissions")
and the hosting, sharing, and/or publishing of such User Submissions. You
understand that whether or not such User Submissions are published, DangerousSchools.com
does not guarantee any confidentiality with respect to any submissions.
B. In connection with
User Submissions, you affirm, represent, and/or warrant that: (i) you own or
have the necessary licenses, rights, consents, and permissions to use and
authorize DangerousSchools.com to use all patent, trademark, trade secret,
copyright or other proprietary rights. By submitting the User Submissions
to DangerousSchools.com, you hereby grant DangerousSchools.com a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display, and perform the
User Submissions in connection with the DangerousSchools.com Website and DangerousSchools.com's
(and its successor's) business, including without limitation for promoting and
redistributing part or all of the DangerousSchools.com Website (and derivative
works thereof) in any media formats and through any media channels. You also
hereby grant each user of the DangerousSchools.com Website a non-exclusive
license to access your User Submissions through the Website, and to use,
reproduce, distribute, prepare derivative works of, display and perform such
User Submissions as permitted through the functionality of the Website and
under these Terms of Service.
C. In connection
with User Submissions, you further agree that you will not: (i) submit material
that is copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless you
are the owner of such rights or have permission from their rightful owner to
post the material and to grant DangerousSchools.com all of the license rights
granted herein; (ii) publish falsehoods or misrepresentations that could damage
DangerousSchools.com or any third party; (iii) submit material that is
unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any law,
or is otherwise inappropriate; (iv) post advertisements or solicitations of
business: (v) impersonate another person. DangerousSchools.com does
not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and DangerousSchools.com expressly disclaims any and all
liability in connection with User Submissions.
D. In particular, if you
are a copyright owner or an agent thereof and believe that any User Submission
or other content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
(i) A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
(ii) Identification of
the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(iii) Identification of
the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit the service provider
to locate the material;
(iv) Information
reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
(v) A statement that you
have a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that
the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
DangerousSchools.com's
designated Copyright Agent to receive notifications of claimed infringement is: jeff@DangerousSchools.com.
WARRANTY DISCLAIMER
THE DANGEROUSSCHOOLS.COM WEBSITE IS
PROVIDED AS A SERVICE FOR INFORMATION PURPOSES ONLY. DANGEROUSSCHOOLS.COM
MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE DANGEROUSSCHOOLS.COM WEB
SITE, OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR ADVICE
IT CONTAINS. DANGEROUSSCHOOLS.COM ASSUMES NO RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN INFORMATION OR ADVICE PROVIDED. SINCE THE INFORMATION IS INPUT BY
INDIVIDUALS USERS, NO GUARANTEES ARE MADE IN REGARD TO THE ACCURACY, LOCATION,
OR OTHER USER DEPENDENT VARIABLES.
DANGEROUSSCHOOLS.COM SHALL HAVE THE
RIGHT TO, BUT NOT THE OBLIGATION, TO MONITOR, CHANGE OR REMOVE ANY OF THE SITE
CONTENT OR INFORMATION WITHOUT NOTICE AT ANY TIME. DANGEROUSSCHOOLS.COM
SHALL NOT BE HELD LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, UNTIMELINESS, UNAUTHENTICATED INFORMATION, OR OTHER
DEFECTS IN THE INFORMATION OR CONTENT WITH THE WEB SITE.
THE SERVICES, INFORMATION OR DATA
(COLLECTIVELY, "INFORMATION") MADE AVAILABLE AT THE DANGEROUSSCHOOLS.COM
WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND. DANGEROUSSCHOOLS.COM
EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. DANGEROUSSCHOOLS.COM SHALL HAVE ABSOLUTELY NO LIABILITY IN
CONNECTION WITH THE SERVICES INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR
DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, MATERIALS (CONSISTING OF
INFORMATION, ARTWORK, TEXT, VIDEO, AUDIO, OR PICTURES) AND BUSINESS RESULTING
FROM THE INFORMATION OR THE LACK OF INFORMATION AVAILABLE ON THE DANGEROUSSCHOOLS.COM
WEBSITE. DANGEROUSSCHOOLS.COM SHALL HAVE NO LIABILITY FOR:
1) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND ITS CONTROL, IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION;
2) ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF INFORMATION; OR
3) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE INFORMATION FURNISHED HEREUNDER.
4) ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
DANGEROUSSCHOOLS.COM MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. DANGEROUSSCHOOLS.COM MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED. FOR THE PURPOSES OF THIS DISCLAIMER SECTION, DANGEROUSSCHOOLS.COM SHALL INCLUDE DANGEROUSSCHOOLS.COM, AND ITS DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR EMPLOYEES, PARTNERS, PRINCIPALS, AGENTS AND REPRESENTATIVES, AND ANY THIRD-PARTY PROVIDERS OR SOURCES OF INFORMATION OR DATA.
LIMITATION OF LIABILITY
1) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND ITS CONTROL, IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION;
2) ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF INFORMATION; OR
3) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE INFORMATION FURNISHED HEREUNDER.
4) ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
DANGEROUSSCHOOLS.COM MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. DANGEROUSSCHOOLS.COM MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED. FOR THE PURPOSES OF THIS DISCLAIMER SECTION, DANGEROUSSCHOOLS.COM SHALL INCLUDE DANGEROUSSCHOOLS.COM, AND ITS DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR EMPLOYEES, PARTNERS, PRINCIPALS, AGENTS AND REPRESENTATIVES, AND ANY THIRD-PARTY PROVIDERS OR SOURCES OF INFORMATION OR DATA.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DANGEROUSSCHOOLS.COM,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE DANGEROUSSCHOOLS.COM WEBSITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU SPECIFICALLY
ACKNOWLEDGE THAT DANGEROUSSCHOOLS.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT
THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is
controlled and offered by DangerousSchools.com from its facilities in the
United States of America. DangerousSchools.com makes no representations that
the DangerousSchools.com Website is appropriate or available for use in other
locations. Those who access or use the DangerousSchools.com Website from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
INDEMNITY
You agree to defend,
indemnify and hold harmless DangerousSchools.com, its parent corporation, officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from: (i) your use of and access to the
DangerousSchools.com Website; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that
one of your User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your use of
the DangerousSchools.com Website.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are
either more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by and comply with
these Terms of Service. In any case, you affirm that you are over the age of
13, as the DangerousSchools.com Website is not intended for children under 13. If
you are under 13 years of age, then please do not use the DangerousSchools.com
Website.
ASSIGNMENT
These Terms of Service,
and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by DangerousSchools.com without
restriction.
GENERAL
You agree that: (i) the DangerousSchools.com
Website shall be deemed solely based in California; and (ii) the DangerousSchools.com
Website shall be deemed a passive website that does not give rise to personal
jurisdiction over DangerousSchools.com, either specific or general, in
jurisdictions other than California. These Terms of Service shall be governed
by the internal substantive laws of the State of California, without respect to
its conflict of laws principles. Any claim or dispute between you and DangerousSchools.com
that arises in whole or in part from the DangerousSchools.com Website shall be
decided exclusively by a court of competent jurisdiction located in Los Angeles
County, California. These Terms of Service and any other legal notices
published by DangerousSchools.com on the Website, shall constitute the entire
agreement between you and DangerousSchools.com concerning the DangerousSchools.com
Website. If any provision of these Terms of Service is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Service,
which shall remain in full force and effect. No waiver of any term of this
these Terms of Service shall be deemed a further or continuing waiver of such
term or any other term, and DangerousSchools.com's failure to assert any right
or provision under these Terms of Service shall not constitute a waiver of such
right or provision. DangerousSchools.com reserves the right to amend these
Terms of Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of the DangerousSchools.com
Website following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. YOU AND DANGEROUSSCHOOLS.COM
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DANGEROUSSCHOOLS.COM
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
COPYRIGHT &
TRADEMARK
DangerousSchools.com reserves all rights and copyrights the site data, text, site images, site code, content, and usage of DangerousSchools.com web site and data. All trademarks are property of their respective companies.
DangerousSchools.com reserves all rights and copyrights the site data, text, site images, site code, content, and usage of DangerousSchools.com web site and data. All trademarks are property of their respective companies.
